For three decades the federal government
has taken the lead in protecting America's
air and water through the Clean Air Act
and the Clean Water Act. The current administration
has now reversed course. Instead of going
to Congress to change the laws, it has
just stopped enforcing them.

First the White House reneged on commitments
to lower carbon dioxide levels, which affect
the global climate. Then the Justice Department
was ordered to change the government's
position in court proceedings and to stop
enforcing regulations to reduce pollution
from power plants. Now the administration
has issued a “guidance memo” to federal
agencies to no longer enforce laws safeguarding
seasonal wetlands—those that are nonnavigable
or dry for part of the year. This means
these wetlands are now at risk of being
developed or polluted.

About 20 percent of the nation's wetlands
are defined as “isolated” or “seasonal.” In
states like California, it's closer to
50 percent. Wetlands in the West are often
dry for part of the year because most rain
and snow falls in winter.

In the face of this unprecedented retreat
at the federal level, state governments
are stepping in to plug the loopholes and
maintain environmental quality. California
was the first to enact groundbreaking rules
to reduce greenhouse-gas emissions from
cars. In the Northeast, 11 states sued
the federal government to enforce regulations
against old, dirty power plants, and they
were joined by 4 other states around the
country. Meanwhile, New York Governor George
Pataki invited 10 northeastern states to
develop a Regional Greenhouse Gas Initiative.

Now states are attempting to fill the
latest federal loophole. Legislation to
protect wetlands is pending or has passed
in New York, California, Wisconsin, and
Ohio, among other states.

There are very sound reasons for protecting
wetlands. They play a vital role in safeguarding
public health by acting as natural filters
that help remove contaminants and purify
water. Polluted drinking water affects
not only those with immune system disorders,
it has a long-term health impact on the
general population as well. Clean water
is also essential to the economy. Wetlands
provide important flood and erosion control,
habitat for endangered and game animals,
and recreational opportunities like birding,
canoeing, and fishing.

Audubon is now teaming up with a broad
coalition of organizations to plug these
federal loopholes. For example, in California,
Audubon is actively supporting SB 1477,
State Senator Byron Sher's legislation
to protect the state's wetlands. Audubon
is also working in Washington, D.C., to
back the Clean Water Authority Restoration
Act HR 962/S. 473.